MOAC Again: No Remedy for the Landlord Despite Beating Sears in the Supreme Court
On remand from the Supreme Court and the Second Circuit, the district court decides that the Mall of America landlord isn’t entitled to more than the bargain it made with Sears in 1991.
Big Stuff on Chapter 11 from the Second Circuit and Elsewhere
10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions
The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.
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Supreme Court Ruled Again on Arbitration, but Not (Yet) in Bankruptcy Cases
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
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The Eleventh Circuit Rails Against ‘Prudential Standing’
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
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An Interview with Circuit Judge Thomas Ambro: How Article III Judges See Bankruptcy Law, Bankruptcy Judges and the Bankruptcy Code
Fifth Circuit Vacates $240,000 in Sanctions for Being Criminal, Not Civil, Contempt
The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.
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Eleventh Circuit Invited to Sit En Banc on Eligibility for Chapter 15 Recognition
For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.
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Barton Doctrine Protected a Receiver from an Automatic Stay Violation
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.
Bankruptcy Courts Have Jurisdiction and Power to Compel Payment of Counsel Fees
The Ninth Circuit BAP says that 28 U.S.C. § 1334(e)(2) gives bankruptcy courts exclusive jurisdiction with regard to disputes over fee allowances.
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